Order reversed, with $10 costs and disbursements, and motion to vacate the warrant granted, with $10 costs.
In our opinion, the facts contained in the affidavit and complaint, upon which the warrant was granted, are insufficient. They fail to set forth facts showing, at least prima facie, that appellants have been "guilty of a fraud in contracting or incurring the liability" (Civ. Prac. Act, § 903, subd. 6). It would appear from this record that the fraud, if...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
